Rastafarian family may take MTW to court over home demolition

The ongoing dispute between the Ministry of Transport and Works and a Rastafarian family over a plot of land in the Pine Basin could well be headed to court according to the President of the African Heritage Foundation, Paul Simba Rock.

For the second time in five years, the organisation has signalled its intention to seek legal representation for Charles Ijuijah Lashley, Kim Isartis Ibrie Jackman and their two children, against perceived injustices from the state.

Rock told Barbados TODAY on Monday: “We are willing to go the legal route as before because you know we would have gone to court against the Ministry of Education and the Child Care Board and we are more than willing to go the legal route with them as we have done before. They have our full support and our full backing.”

The foundation would be seeking counsel with human rights lawyer Lalu Hanuman who has worked closely with the foundation on issues affecting the Rastafarian community, he said.

When contacted, Hanuman revealed that his services had not been formally sought, but declared that the family had a strong case under the doctrine of adverse possession, if they could prove that they had occupied the land for more than 30 years continuously.

This would entitle the squatters to legal title and a sound claim of trespassing against the MTW, which would entitle them to damages for housing materials that have allegedly been damaged as well as the present and future value of their uprooted fruit trees.

In the interim, Hanuman said that an injunction could be sought to prevent further work on the land until a court decision is made on the status of the property.

“Of course if [MTW] is going to be using bulldozers and pushing down fruit trees and houses or damaging property or whatever, that is another thing,” the lawyer said. “But in the legal methodology of things, they have to apply to the court for an eviction order and I presume they can do that in the magistrate’s court if they so wish. I would also presume that if they did that, the Rastafari family would make an application in the high court for an injunction or claim adverse possession in the high court and that would stop the Magistrates’ Court’s proceedings.”

Back in 2016, Ijuijah and Isartis Ibrie faced criminal charges for opting to homeschool their two children, instead of placing them in the traditional school system. They also faced threats from the Child Care Board of losing custody of the children as a result of the issues.

Last week, Ijuijah revealed that the actions of another government department have been threatening his way of life. He said that after 43 years living on a strip of land in the basin, MTW officials moved in without warning, destroying thousands of dollars in housing materials and dozens of fruit trees.

MTW has refuted the allegations, claiming that officials were merely clearing a watercourse behind its Pine, St Michael Headquarters as part of its flood mitigation programme.

But Rock described the statement as “not so truthful”. He said in addition to seeking legal counsel, the foundation would continue informing the public of the “truth” about the situation. The African Heritage Foundation president added that he is also soliciting the services of an engineer to investigate the efficacy of MTW claims that the area is situated in a watercourse.

Trevor Prescod and Hamilton Lashley, the current and former MPs for the St Michael East constituency who claim strong ties to the Rastafarian community, have also voiced their support for the family.

On Monday evening, sitting MP Prescod told Barbados TODAY: “I am communicating with the relevant minister in order to have dialogue on this demolition of the matured trees and materials in the Pine, on the grounds to the north of the MTW building.

“The Rastafarian community was there on the land for my entire political career.  I give you the assurance that social justice will be upheld and this must come to an equitable solution.” (kareemsmith@barbadostoday.bb)